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(영문) 창원지방법원 2017.11.17 2017고단3049
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

1. On June 13, 2016, the Defendant made a false statement to the C Attorney-at-law office in Changwon-si B and 302 on June 13, 2016, stating, “The Defendant provided the Victim D with one unit of Hyundai FH63G 1, NIGTA HN50C and one unit of KH50G KH50G as security and extended KRW 15 million to repay by July 13, 2016.”

However, the above machinery forms money to the defendant by a person F who operates E. F.

However, while the monthly sales of the defendant's factory are merely KRW 10 million to KRW 35 million, the operating expenses were paid each month, and there was no intention or ability to repay from the injured party, such as the occurrence of the enemy's profit, even if they were to borrow money from the injured party.

However, on June 13, 2016, the Defendant deceivings the victim as above and transferred KRW 14.4 million to the Agricultural Cooperative Account in the name of the Defendant.

2. On August 19, 2016, the Defendant concluded on August 19, 2016, at the said C attorney-at-law office, that “The Defendant provided two MUMA GT 2100 CNC wire appliances as collateral and borrowed KRW 30 million to the victim D until September 19, 2016.”

However, the above machinery had already been provided as security to the Korea Technology Finance Corporation, and at the time, the monthly sales of the defendant's factory are merely KRW 10 million, while operating expenses were paid in KRW 30 million through KRW 35 million each month, and there was no intention or ability to repay them even if they were to borrow money from the injured party, such as the enemy's occurrence.

However, on August 19, 2016, the Defendant deceivings the victim as above and transferred KRW 28,80,000 to the Agricultural Cooperative Account in the name of the Defendant G on August 19, 2016.

3. On December 23, 2016, the Defendant was in the Sung-si H around 14:52 on December 23, 2016.

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